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1980 Supreme(Guj) 62

S.H.SHETH, S.L.TALATI
KARADIA JETHA KANA – Appellant
Versus
MANAGING OFFICER-CUM-COLLECTOR and SETTLEMENT COMMISSIONER-CUM-COLLECTOR,jun – Respondent


Advocates Appeared: D.D.Vyas, P.V.Hathi

S. H. SHETH, J.

( 1 ) THESE two Letters Patent Appeals are directed against the common order recorded by Mr. Justice J. B. Mehta in Special Civil Application No. 952 of 1974 and Special Civil Application No. 1060 of 1974 The material facts in Letters Patent Appeal No. 160 of 1977 areas follows:

( 2 ) SURVEY Nos. 226 and 121/3 of village Lathodara in Mangrol Taluka of Junagadh District were received by the original petitioner from Aba Jusab and Osman Suleman in exchange of his lands. The deed of exchange was executed on 27/12/1950. It was registered. Aba Jusab and Osman Suleman migrated to Pakistan. Therefore declaration that the lands in question were evacuee properties was made. It appears that nothing happened thereafter. In January 1971 Mamlatdar of Mangrol deputed an officer to take possession of the lands in question because after holding an enquiry the Collector had allotted the lands in question to one Tikabai Motumal who migrated from Pakistan to India and who had made a claim for compensation in respect of the properties which were left by her in Pakis- tan. Revision applications against these allotment orders were filed before the Chief Settlement Commissioner under sec. 24










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